Land And Conveyancing Law Reform Act 2009

12.

Prohibition of fee farm grants.

12.— (1) The creation of a fee farm grant at law or in equity is prohibited.

(2) Any instrument executed after the commencement of this Part purporting to—

(a) create a fee farm grant, or

(b) grant a lease for life or lives renewable for ever or for any period which is perpetually renewable,

vests in the purported grantee or lessee a legal fee simple or, as the case may be, an equitable fee simple and any contract for such a grant entered into after such commencement operates as a contract for such a vesting.

(3) A fee simple which vests under subsection (2) is freed and discharged from any covenant or other provision relating to rent, but all other covenants or provisions continue in force so far as consistent with the nature of a fee simple.

(4) Subsection (2) does not apply to any contract or instrument giving effect to a contract entered into before the commencement of this Part.

(5) Notwithstanding section 11(2), any fee simple held under a fee farm grant existing at law at the commencement of this Part continues as a legal estate and may be disposed of.

(6) Notwithstanding section 11(4), any fee farm rent existing at law at the commencement of this Part continues as a legal interest and may be disposed of.